DALTON, Mass. — The Zoning Board of Appeals on Tuesday approved the conversion of the former Zip's Bar & Billiards into four apartments.
The owner, Ron Carver, submitted an application for a special permit requesting to convert the first floor of the tavern into residential apartments.
"The former tenant went out of business. He was operating a bar/nightclub and had lost business and decided after COVID that it just wasn't worth his while to continue," board Chair Anthony Doyle said.
"So Mr. Carver is left with an empty commercial space, and the question is do you try to get another bar in there or do you do something else, and he opted to convert."
The detailed application that Carver submitted was described by board members as impressive. The notice of the public hearing was posted on April 23 and 30 to alert neighbors to come and speak.
Despite the public hearing notice, no one attended the meeting to speak against the application, which is a good indication that the neighbors support it, Doyle said.
Carver attended the meeting and provided a letter from one of the neighbors expressing their support for the change.
"Due to work conflicts. We couldn't be there for the upcoming town meeting concerning the construction work on 191 East Housatonic St. As a neighbor at 199 East Housatonic St. we fully support any changes made to the property," the letter says.
The property is located in an R-2 district, which is a multiple-family residential zone, and is boarded by residential properties.
City records indicated that the property was built in 1875 and was formerly the Edmare Cafe. However, the site was later used as a bar and nightclub for many decades.
The use of the facility as a nightclub is "impractical," "undesirable," and has been financially unsustainable post pandemic, the application narrative says.
"Further nightclub use is undesirable from the neighborhood perspective based upon past interactions with the neighborhood," the document says.
"This proposal is a compromise from the non-residential use to a multi-family use in the residential zone."
A new front door would be installed to "improve access/egress from the existing second-floor apartments," and a new sidewalk would be installed "to facilitate pedestrian access from the parking to the front entrance."
A sprinkler system would be installed, and the existing exterior fire escape would be removed "as they are no longer required."
The project would involve an interior renovation of the building and converting the buildings into apartments.
"The upstairs will be renovated to improve the stairs and egress as part of the project. Overall, the project will increase the existing apartment count from two existing apartments to four total apartments at this location," the application documentation says.
The proposal's traffic estimates suggest that traffic would be lower during peak periods, except for the morning peak time, compared to its current use.
"The peak morning estimate is 15 trips, which is not significant from a traffic perspective," the application says.
The Traffic Commission and Board of Health reviewed the application during their meetings in April and expressed that they had no concerns about the project.
There is currently parking on site for more than 30 vehicles.
There would be no parking in the front yard except for the multi-dwelling’s off-street parking.
"The existing parking is screened and shall be reduced to six parking spaces with screening to remain," the application says.
Any parking area with more than five parking spaces would be screened.
The parking area for ten or more cars would be contained or "bordered by trees and/or plantings as necessary to effectively screen adjoining properties and provide visual relief from broad expanses of pavement."
The proposed sewer and water use will be less than half of the current use, the application says.
"The renovation will require a new water service to support the installation of a sprinkler system in the building," the application says.
In other news:
The board approved the special permit for Susan Korte to expand her 2,240-square-foot barn by 288 feet to make room for more farm equipment, animals, and hay. Korte has sheep, goats, two mini horses, and geese, which she has rescued. The siding will match the current barn, so it will appear seamless.
The board expressed no concerns as the work she is doing there is permitted, the change complies with town bylaws, and there is plenty of space on the parcel.
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Berkshire Mall Sale Falls Through; Talks Still on the Table
By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. — Potential Berkshire Mall buyer Cypress Equities has pulled out of the deal to turn the former mall into a shopping center.
In August, Cypress's managing director, Scott Harrington, presented the company's hopes on developing the defunct property. The company aimed to attract top national brands while incorporating green spaces, murals by local artists, and more. At the time, Harrington said two large tenants had already expressed interest.
Last week, Cypress Equities pulled out of the current contract, but did not say it was completely done with the mall.
Harrington said in an email Wednesday that the company's due diligence discovered four primary challenges in developing the project.
• There is not enough service/pressure to the property to support redevelopment project without constructing costly water tanks.
• The current septic system and former treatment facility is not acceptable for a project of the scale and magnitude proposed.
• There is existing asbestos and bad soil from the treatment system that needs to be remediated off site.
• And, "Baker Hill Road District, as it is currently constructed, the District assessments and governance will not work for our project."
"All these challenges must be resolved before we proceed with the project. We hope to continue our conversations with the various stakeholders to find solutions," he said.
The road district, established back in the 1980s when the mall was built to oversee the Connector Road and assess for certain town services, has been a sticking point for JMJ and prior mall owners. They've pushed for its dissolution along with reducing assessments on the vacant property.
Earlier this week, Tim Grogan, development consultant for JMJ RE Holdings said in a statement through email that Cypress had terminated the contract because of the costs of the Baker Hill Road District, now renamed the Baker Hill Business District.
"Cypress has terminated the existing contract citing the extraordinary costs of the Baker Hill Road District under its current structure. While they did back out of the current contract, they have expressed interest in still purchasing the property if the issues with the Baker Hill Road District are resolved," he wrote. "These issues include moderating its operating budget, addressing the disproportionate past due assessments, altering its organizational structure, and being able to leverage the District to cover various infrastructure costs. All these issues would need to be addressed before they would be willing to move forward."
Last month, Jay Jones of JMJ said a key obstacle to the sale remained unresolved: the lawsuit between JMJ and the district over property taxes. He said the purchase-and-sale agreement with Cypress had a deadline, and argued that the transaction could not close without an agreement.
"You have to have a settlement in order to have Cypress receive the property with a clean title, and I don't know what in the world everyone is discussing moving forward for when that's the biggest issue and the biggest hurdle," Jones said in the October meeting.
The Parks Commission recently approved the Christmas tree-lighting ceremony for Wednesday, Dec. 2, from 6:30 to 7:30 p.m., in Park Square.
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For the next month, thousands of drivers commuting past Park Square will be hard-pressed to miss the hundreds of American flags filling the downtown landmark as part of the Rotary Club Park of Honor. click for more
The standout was organized by Indivisible Pittsfield, and accompanied by a demonstration the previous day and another on election day at the Woodlawn Avenue rotary.
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In a news release posted on its website tuesday morning, the Northwestern DA said, "prosecutors determined that no criminal conduct occurred," citing Massachusetts General Law Chapter 269, section 17. click for more